General Terms and Conditions
The terms below will apply to every purchase of a vehicle by a We Buy Motors dealer. Please note that all communications, whether by email, internet, telephone, fax, post, face-to-face or other means are conducted on a "subject to contract" basis. No legally binding contract between the Seller and the Company will be formed in any circumstances until (i) the company has had the opportunity to conduct an on-site valuation of the vehicle and inspect the accompanying documentation, AND (ii) a physical examination of the vehicle has been conducted by a qualified mechanic on behalf of the We Buy Motors dealer (which may in some cases take place at a later date); AND (iii) the parties have entered into the Company's standard written contract of purchase which incorporates the terms stated below.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
References to the "Company" or "We Buy Motors" relate to We Buy Motors Limited trading as "webuymotors.com". References to the "Seller" relates to you, the owner of the vehicle which is the subject matter of the purchase.
1. THE VALUATION AND PRICE
1.0 To begin the valuation process, you will need to log on to the Website and provide us with information about your Vehicle and your contact details (the “Online Valuation Process”).
1.1 In order to commence the purchase process, you (the Seller) must visit the We Buy Motors website: www.webuymotors.com and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail containing the valuation given for your vehicle.
1.2 On completion of the Online Valuation Process, you will be presented with an online Valuation and the opportunity to make an appointment for us to carry out an inspection of your Vehicle as set out in clause 4. A copy of the Valuation will also follow via e-mail to the e-mail address you provide during the Online Valuation Process.
1.3 All Valuations (including any revised Valuation or Final Valuation) and (if applicable) any subsequent purchase of your Vehicle will be subject to these Terms and Conditions and shall be based solely on:
1.3.1 the Vehicle mileage and registration information you provide at the time you complete the Online Valuation Process and which we shall rely upon; and
1.3.2 the Assumptions defined in clause 1.2.1 of these Terms and Conditions.
For the avoidance of doubt, no account is taken of the Vehicle’s condition or other matters not apparent from the mileage, registration number or Assumptions until the physical valuation and inspection is carried out in accordance with clause 4.
1.4 When you proceed to make an appointment as detailed in clause 3.2, we reserve the right to carry out any additional checks in relation to your Vehicle which we consider reasonable, including any vehicle history checks.
1.5 Any incorrect or misleading information which you provide, or any Assumptions which are incorrect, will result in an inaccurate Valuation, which will be considered as void and withdrawn by us. Where any Assumptions are incorrect, you must advise us as soon as possible and/or when requested by us to do so.
1.6 Subject to:
1.6.1 any variations in market trends between the date of the Valuation to the date of the Vehicle inspection under clause 4; and
1.6.2 any of the factors in 4.2 applying before your acceptance of the Final Valuation,
the Valuation shall be valid for a period of 5 (five) calendar days from the date on which we send or otherwise provide you with the Valuation, after which time you will be required to complete the Online Valuation Process again.
1.7 The Valuation is provided strictly on a “subject to contract” basis and we have the absolute right to withdraw the Valuation at any time without any legal consequence or liability to you. The Valuation does not constitute an offer from us to purchase the Vehicle.
1.8 The Valuation will be considered void if the mileage information provided by you during the Online Valuation Process has increased significantly (250 (two hundred and fifty) miles or more) from the date we provided the Valuation to the date we collect the Vehicle. In this instance, a revised Valuation will be provided to you based on the Vehicle’s then current and correct mileage information. Such revised Valuation shall not constitute an offer by us to purchase the Vehicle.
1.9 We accept no liability whatsoever for any Valuation provided which may include any unintentional/typographical mistakes or errors on our part or by any systems failure. If a mistake has been made, please notify us as soon as possible so that the mistake can be corrected and (where necessary) a revised Valuation provided.
1.10 All prices given in the Valuation will be in pound sterling only and inclusive of VAT.
1.11 We may pass the details you provide as part of the Online Valuation Process to a third party (who is also in the business of buying used vehicles), if we consider your Vehicle (due to its age and/or mileage) is not a suitable vehicle for us to purchase. If you do not wish for your details to be passed to a third party in accordance with this clause 3.11, then please select the relevant opt-out box during the Online Valuation Process.
1.12 If your details are passed to a third party in accordance with clause 1.13, and you are offered a valuation, appointment or an offer to purchase your Vehicle by that third party, then you shall be subject to that third party’s terms and conditions and/or policies (as applicable). Any such third party’s terms and conditions and/or policies (as applicable) are separate to, and independent of, these Terms and Conditions and we shall have no liability or responsibility whatsoever in relation to any such third party’s practices, terms and conditions and/ or policies (as applicable). We recommend that you check the terms and conditions and policies of any such third party prior to engaging with any such third party.
2.1. The Seller expressly warrants that all the information supplied during the online valuation process is accurate and true.
2.2 The Seller warrants that the vehicle is not subject to undisclosed finance.
2.3 Unless declared on our website during the initial valuation the Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
2.4 The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
2.5 The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
2.6 The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
2.7 The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
2.8 The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
3. VEHICLES ON FINANCE AND/OR SUBJECT TO A ‘LOG BOOK LOAN’
3.1 It is the responsibility of the Seller to disclose to We Buy Motors any existing finance associated with the vehicle.
3.2 We shall only agree to settle any Outstanding Finance where the Outstanding Finance is the same as or less than the Vehicle’s Valuation. If the reverse applies (i.e. the Outstanding Finance is more than the Vehicle’s Valuation) we are unable to settle such Outstanding Finance and we will not purchase the Vehicle. If we discover that the Vehicle is subject to Outstanding Finance higher than the Vehicle’s Valuation either after the Valuation has been issued or after the Contract has been formed in accordance with clause 5, the Valuation and/or Contract (as appropriate) shall be deemed void and any sums in respect of the Outstanding Finance shall be a debt due from you to us and payable on demand.
3.3 We Buy Motors may agree to settle off the existing finance in
lieu of payment (or part payment) of the vehicle to the Seller at its absolute
discretion. We Buy Motors has no duty to pay such finance and will only
undertake to settle such finance at its absolute discretion.
3.4 If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay We Buy Motors the difference between the settlement figure and the agreed sum in advance of We Buy Motors settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 7 days of an agreement will automatically render the contract between the parties terminated.
3.5 The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. We Buy Motors does not accept any liability with respect to the related finance at any time or for any reason.
3.6 We Buy Motors will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
4. OWNERSHIP AND RISK
4.4 Risk and property in the vehicle will pass from the Seller to the Company at the time that the written contract is signed by the Seller.
4.5 Failure by the Seller to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the "issue" of payment by We Buy Motors to the Seller and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the issue of the cheque (or other appropriate means of payment) to the third party.
5.1 We require, and will carry out, a physical valuation and inspection of the Vehicle and the Vehicle Documentation prior to us issuing you with a Purchase Invoice in accordance with clause 5.
5.2 A revised Valuation may be necessary where, as a result of the physical valuation in accordance with clause 5.1:
5.2.1 the Vehicle is not found to be in line with the information you provided during the Online Valuation Process;
5.2.2 the Vehicle’s actual condition has a significant impact on its valuation;
5.2.3 clause 3.8 and/or clause 5.6 applies;
5.2.3 the Vehicle is found to have mechanical defects; or
5.2.4 we become aware of other factors which you did not disclose during the Online Valuation Process but which have an impact on the Vehicle’s Valuation.
5.3 The Vehicle may undergo an extensive examination and/or road test at our discretion. This examination will be undertaken by a fully qualified mechanic of our choice and at a place and date as determined by us.
5.4 As a result of either valuation/inspection detailed in clause 5.1 or extensive examination set out in clause 5.3, we reserve the right to withdraw the Valuation if any defect is/defects are discovered during the course of the inspection and/or extensive examination.
5.5 Immediately following the Valuation and/or inspection set out in this clause 5, we shall confirm the price which we offer to pay you for your Vehicle, which, unless if any of the factors in clause 5.2 apply, shall be the same price as contained in the Valuation (the “Final Valuation”).
5.6 If you do not accept the Final Valuation at the time it is offered immediately following the Valuation and/or inspection set out in clauses 5.1 and 5.3, it will be deemed withdrawn if you subsequently confirm you would like to accept the price set out in the Final Valuation, it will be necessary for us to make a further appointment to inspect the Vehicle and confirm none of the factors in clause 5.2 have since become relevant.
6. TERMS OF PAYMENT
6.1 All payments made by us will be by instant bank transfer. However, we reserve the right to make payments by other methods when we consider it reasonable to do so.
6.2 Payment will only be made to you using the payment information/bank account details you provide us following your acceptance of the Final Valuation. Without prejudice to clause 7, we will only make any payments to a third party at our discretion where we are satisfied that we have been provided with sufficient confirmation/proof that you are the legal owner of the Vehicle.
6.3 If we exercise our right to withdraw the Final Valuation or declare any Valuation (which includes any revised or Final Valuation as the case may be) void pursuant to clauses 3.5, 3.6, 3.7, 4.4 and/or clause 7.3, payment will not fall due.
7. Miscellaneous Items
7.1 When the Seller delivers the vehicle, he shall provide We Buy Motors with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
8.1 The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
9. Exclusion of Liability
9.1 The Company does not limit its liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
10.1 The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
11. Third Party Rights
11.1 Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
12. Governing Law and Jurisdiction
12.1 The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.